Concerns Over The Gambia & Saudi Arabia Domestic Workers Agreement

Tourism Minister Hon. Hamat Bah and His Royal Highness Prince Sultan Bin Salaman Bin AbdulAziz Al-Saud of Saudi © GRTS

By Philip Saine

On Tuesday, 24th September 2024, the Gambia National Assembly ratified a bilateral labour agreement with the Kingdom of Saudi Arabia. According to the document, the purpose of the agreement “is to recruit domestic workers from the Republic of The Gambia to legally work in Saudi Arabia’’. The signed agreement specifies Gambia’s responsibilities, which include the following:

1. Article 5: Provide qualified and medically fit domestic workers without derogatory records needed by Saudi Arabia according to job specification requirement

2. Ensure that prospective domestic workers are trained on housework in specialized institutes and have received orientations on Saudi Customs and traditions and terms and conditions of the employment contract.

3. Article 7: Settlement of Disputes: Any disputes arising from the agreement shall be settled amicably by consultation between both parties through diplomatic channels.

Threats & Risks:

1. Culture shock & language barrier: Some individuals do not easily adapt to unfamiliar environments. Extreme socio-cultural variations may give rise to stress, confusion, disorientation, instability, and ill-health. Proper orientation (particularly on dress code) is required for all selected workers, especially those that have never traveled abroad.

2. The Kingdom of Saudi Arabia has a Labour Office whose operation and practices are quite unlike those of The Gambia. Employment is usually through a Kafala/Sponsor Agent, meaning that the employer communicates directly with the government and other authorities on behalf of the employee. The employee has restricted or no access to the Labour Office. The Kafala/Sponsor has full control of the employee. The domestic worker would not be able to access services such as healthcare, immigration, rental agreements, vehicle ownership or licensing, or seek other employment without the Kafala/Sponsor’s approval.

3. Exploitation & Abuse: It is not unusual for a domestic worker to be forced to comply with excessive work hours, beatings, and even demands of sexual favours by a Kafala/Sponsor. This can be a prolonged and painful experience. There would be little or no ability for the employee to communicate and report the issue. Therefore, the need for periodic monitoring of the worker cannot be understated.

4. Travelling Documents: Upon arrival in the Kingdom, the Kafala takes into custody the passport or similar documents that will be under his/her custody throughout the period of living in the Kingdom.

Recommendations

1. The domestic worker would be attentive not to be tricked. A salary expressed in foreign currency, namely Pounds Sterling, Euro, or US Dollar, should be paid as such or its equivalent local currency. Payment in local currency should be properly valued; always insist on official exchange rates.

2. The employer must clearly specify the accommodation for the employee. A toilet room, kitchen, or corridor is not a substitute for a bedroom. The room provided, therefore, must be conducive for sleeping.

3. The recruitment, hiring, and placement agents must make an undertaking to monitor the safety and comfort of the employee. It is necessary to protect the employee's dignity and virtue. This should be done directly or through the Gambian Embassy and avoid indirect monitoring. Establish a system of periodic communication with the employee and do not rely on third parties or indirect communication; hear directly from the employee. There must also be evidence of monitoring on the health and safety of the worker.

4. Working in the Kingdom of Saudi Arabia can be rewarding, providing religious fulfillment and enhanced earning and experience. This will happen if the Kafala/Sponsor is kind, decent, and God-fearing. The employee may, however, be confronted with unimaginable challenges if the Kafala is not of such character. The welfare of domestic workers, including drivers, is of paramount importance and should concern all who participate in the recruitment.